Husband Had Cut Phone Line, Parked Far Away
http://www.channelcincinnati.com/news/3969388/detail.html
WADESBORO, N.C. -- A woman won't face charges after she shot and killed her husband, who had cut her telephone line and used a shovel to break open her door following weeks of domestic violence.
Joy Burgess, 26, shot Brian Lee Gathings, 29, with a handgun about 5:30 a.m. Wednesday. Seconds earlier, he used a short-handle shovel to pry open her back door, Anson County Sheriff Tommy W. Allen Jr. said Thursday.
The couple's 6-year-old daughter was asleep in the house at the time.
Gathings was pronounced dead at the scene with a single bullet wound to the chest. Gathings had cut Burgess' telephone line outside the house and parked his pickup truck about a mile away, Allen said.
Burgess had taken out a domestic violence protective order against Gathings after a series of abusive acts, including a break-in last month. The couple was due in court Thursday for a hearing.
Records show Gathings had been jailed five times since July 22, including charges of assault by pointing a gun, assault on a female, domestic criminal trespass, and telephone harassment.
Each time Gathings was jailed, his bond was increased. But after a Nov. 22 domestic trespass charge, Gathings was denied bond until his required 48-hour hearing where District Court Judge Joe Williams set bond at $15,000. Gathings parents bailed him out of jail.
"The restraining order was not worth the paper it was wrote on," said Angela Burgess, Joy's mother.
"The last time he broke in, my husband nailed the windows down, which I didn't like in case of a fire. And he still broke in. I'm sorry that it came to this, but she did everything she could."